How a Veterans Disability Attorney Can Help You Get the Benefits You Deserve

The process of obtaining veterans disability benefits can be a challenge. The right attorney for veterans can guide you from beginning to end.

It's important that you choose an attorney who handles disability law and cases of this nature at all levels of appeal. This will ensure you receive the best representation.

Appeal

If the VA decides to deny or not approve a claim, either the spouse of the deceased may appeal. Even the most basic disability claims can make this a complicated and lengthy procedure. A veteran disability lawyer can assist you in understanding all your options and get the benefits you deserve.

The most common reason people need to file a disability claim is that they are unhappy with the disability rating they have received. In this case, a lawyer can ensure that all the evidence is in place to support an appropriate rating based upon a disabling condition that was caused or worsened by military service.

A veteran disability lawyer might be required by those who have waited too long to get their benefits. The lawyer can assist in determining the missing documents, and then make an inquiry for these records to the VA.

A veteran disability lawyer can take the burden of dealing with the VA away from your shoulders. This will allow you to concentrate on your health and any other obligations you might have. Some lawyers are veterans and this may result in an exceptional compassion for their clients. This can make a huge difference in the outcome of the appeal.

Higher-Level Reviews

Since the malvern veterans disability lawyer Appeals Improvement and Modernization Act of 2017 (AMA) provides veterans with more options if they disagree with VA decisions on their claims. The Higher-Level Review option is a decision-review process that allows an experienced reviewer to examine the same evidence that was presented in the original claim, and make a fresh decision. The senior reviewer can either affirm or reverse the previous rating decision.

The individual or the representative of the veteran can request a meeting with the senior reviewer to discuss the case, however, only one such conference is permitted. In this meeting it is essential to prepare and present your case's facts in a clear manner. A veteran disability attorney can assist you in preparing for and take part in the informal conference.

Higher-level reviews are usually utilized to correct errors made by the previous reviewer in the case of a disability claim which could include not interpreting evidence correctly or making mistakes in the law. Senior reviewers can correct the errors by reversing a previous decision, but only when it is beneficial to the claimant's interests.

A personal hearing may be scheduled for the applicant as a result of the review at a higher-level. This is a chance for the claimant to meet the person who will be reviewing their claim and to present their case. A veterans disability lawyer can assist in determining whether or not a personal hearing is required and prepare and present the evidence at the hearing.

Notice of Disagreement

After the VA has examined your claim and reached an assessment, you may file a written notice of disagreement within one year from the date when the local office has sent you the initial denial letter. The VA will review the case once more and draft a Statement of Case.

If you want to file a dispute, you should use VA Form 21-958. A disability lawyer can assist to fill out the form correctly to appeal the decision. It is not necessary to list all the reasons you disagree with the VA's decision but it is best to be specific to help the VA understand what you think is wrong. Your attorney can assist you in deciding what evidence to include in the NOD. These could be statements from medical professionals, or results from diagnostic tests.

If your appeal is not accepted at this stage, then you can ask to have it reviewed by a senior reviewer through an Higher Level Review. This could take up to 25 months, and you should have an attorney on your side throughout the way. If the VA refuses to accept your claim, your attorney may request an appearance before an Veterans Law judge to present testimony and other evidence in person. If your claim is ultimately granted, your lawyer will prepare you for your check.

Statement of the Case

Congress has enacted a number of laws to ensure that veterans are paid for ailments, injuries and illnesses that they suffer during their service. However the VA is a massive bureaucracy and it's easy to get lost in the maze of regulations. A veteran disability lawyer can help claimants navigate the system and provide the much-needed assistance.

The VA must review the case following the time the veteran has filed an official Notice of Dispute with the local VA office. This involves examining the regulations, laws, and the evidence used in the initial decision. This includes reviewing the medical records of the veteran and, if necessary lay statements. The VA must provide the claimant with a Statement of the Case which is a list of all evidence it looked over.

This statement should explain in a clear manner the reasoning behind its decision, as well as how it determined the law and regulations that impacted the case. It should address all the arguments made by the claimant in the NOD.

The Veteran will receive the Statement of Case within 120 days of the date on which the NOD was submitted. Due to the VA backlog, it could take longer for the agency to issue the statement. Contact a Woodridge Veterans Disability Lawyer disability attorney from Fusco, Brandenstein & Rada, P.C. if you are a veteran who is contesting a decision about a rating or a claim for benefit.